2009 (8) TMI 975

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..... l, JDR, for the Respondent. ORDER We have heard both sides on the application for waiver of predeposit of duty of Rs. 59,90,246/- + Rs. 20,80,628/- together with interest at appropriate rate on the total amount of Rs. 1,05,81,945/- and penalty of Rs. 6 lakhs + Rs. 1 lakh. 2. The demand arises as a result of default in payment of duty for the months of Nov., '06 & Dec., '06 and Jan., '07, thereb .....

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..... at Credit Rules, 2004 providing inter alia that Cenvat credit may be utilized for payment of duty of excise on any final product provided that while paying the duty, the Cenvat credit shall be utilized only to the extent of such credit is available on the last day of the month or quarter as the case may be; 4. According to the applicants, there is no prohibition in payment of arrears using the Ce .....

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..... f duty beyond 30 days which has been paid in PLA from May, '07 onwards. 6. We have carefully considered the rival submissions. Prima facie, we find that the decision of the Tribunal cited by ld. consultant is applicable to the facts of the present case. We, therefore, waive pre-deposit and stay recovery of the amounts in question pending the appeal. (Dictated and pronounced in open court)
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